2
It applies only to wheat. The export of other grain to foreign countries is prohibited as hitherto.
It is liable to be withdrawn in years of scarcity at the discretion of the Chinese authorities, by proclamation, due notice being given in advance.
It is applicable only at South Manchurian custom-houses, and cannot be claimed as a precedent for any other provinces of China or ports situated therein.
(Signed) C. C. CLARKE,
Commissioner of Customs.
Custom-house, Newchwang, September 15, 1908.
391
This Document is the Property of His Britannic Majesty's Government
0.
44783
1:25 DEC 08:
>
CHINA TRADE.
CONFIDENTIAL.
[November 20.]
SECTION 1.
[38601]
No. 1.
Foreign Office to Messrs. C. and E. Morton,
Gentlemen,
Foreign Office, November 20, 1908. WITH reference to your letter of the 4th instant, I am directed by Secretary Sir E. Grey to inform you that every effort is being made by His Majesty's Government to accelerate the conclusion of Conventions both with Japan and China for the protection of trade-marks in China.
Negotiations are at present actively proceeding, which it is hoped will lead very shortly to measures being taken which will place the whole question on a satisfactory basis both in China and Japan, but no definite date can, in the nature of things, be assigned for the conclusion of the Conventions in question.
I am to take this opportunity of inviting your attention to the following points
which bear on the question of the piracy of British trade-marks in Japan.
The Patent Bureau at Tôkiô are anxious to protect the rights of trade-mark owners, but the difficulties of doing so are greatly increased by the failure of foreigners to comply with the necessary conditions.
In many cases no registration has been made by foreigners, especially in the case of the old-established trade-marks, where the owners appear to think that any action to secure their rights is superfluous. Neglect to take this precaution allows other parties the opportunity of registering such trade-marks, and where the registration has remained unchallenged for three years the real owner is unable to assert his title. The officers of the Patent Bureau cannot prevent such cases as long as they have no record placed in their hands by the original proprietor of the mark.
Even where registration has been effected, very few foreigners add the words 'Registered Trade-mark,' or the Japanese characters representing "Toroku Shohyo (Registered Trade-mark)," in preparing their labels, hence, in case of an infringement, the infringer can escape criminal action by pleading lack of knowledge.
It does not appear to be generally known that while cases of infringement may be brought before the ordinary Courts if the plaintiff so desires, the best procedure is to bring them in the first place before the Patent Bureau Court, and after establishing the right and the fact of infringement, to bring a suit for damages either in the Criminal or Civil Courts according to the nature of the evidence elicited in the Patent Bureau inquiry. The advantage is that the ordinary Courts will be guided by the Patent Bureau decision as to the similarity or otherwise of the marks in dispute.
In order to prevent as far as may be possible the difficulties arising from the infringement of old-established trade-marks, it is understood that the Patent Bureau will be glad to receive, not necessarily for registration, particulars for their records of all trade-marks which are still in use and were in existence and use prior to the 1st July, 1899. The Bureau hope in this manner to minimize the possibility of infringement, but success in this respect requires that all who value their trade-marks should assist by supplying the necessary particulars.
The Patent Bureau publish a weekly list of registrations. As this publication is in Japanese, foreign owners of trade-marks are recommended to place their interests in the hands of some reliable agent who would search all new lists for possible infringements. There are English patent agents at Tokió who would be able to furnish any information which you desire to obtain as to trade-marks registered by Japanese in various classes, and it is suggested that you should consider the desirability of combining with other firms to appoint a common agent at Tokio to watch over your trade-marks interests in Japan.
I am, &c.
(Signed)
F. A. CAMPBELL.
[2020 u-]
-1]
2
It applies only to wheat. The export of other grain to foreign countries is prohibited as hitherto.
It is liable to be withdrawn in years of scarcity at the discretion of the Chinese authorities, by proclamation, due notice being given in advance.
It is applicable only at South Manchurian custom-houses, and cannot be claimed as a precedent for any other provinces of China or ports situated therein.
(Signed) C. C. CLARKE,
Custom-house, Newchwang, September 15, 1908.
Commissioner of Customs.
391
This Document is the Property of His Britannic Majesty's Government
0.
44783
1:25 DEC 08:
>
CHINA TRADE.
CONFIDENTIAL.
[November 20.]
SECTION 1.
[38601]
No. 1.
Foreign Office to Messrs. C. and E. Morton,
Gentlemen,
Foreign Office, November 20, 1908. WITH reference to your letter of the 4th instant, I am directed by Secretary Sir E. Grey to inform you that every effort is being made by His Majesty's Government to accelerate the conclusion of Conventions both with Japan and China for the protection of trade-marks in China.
Negotiations are at present actively proceeding, which it is hoped will lead very shortly to measures being taken which will place the whole question on a satisfactory basis both in China and Japan, but no definite date can, in the nature of things, be assigned for the conclusion of the Conventions in question.
I am to take this opportunity of inviting your attention to the following points
which bear on the question of the piracy of British trade-marks in Japan.
The Patent Bureau at Tôkiô are anxious to protect the rights of trade-mark owners, but the difficulties of doing so are greatly increased by the failure of foreigners to comply with the necessary conditions.
In many cases no registration has been made by foreigners, especially in the case of the old-established trade-marks, where the owners appear to think that any action to secure their rights is superfluous. Neglect to take this precaution allows other parties the opportunity of registering such trade-marks, and where the registration has remained unchallenged for three years the real owner is unable to assert his title. The officers of the Patent Bureau cannot prevent such cases as long as they have no record placed in their hands by the original proprietor of the mark.
"}
Even where registration has been effected, very few foreigners add the words 'Registered Trade-inark," or the Japanese characters representing "Toroku Shohyo (Registered Trade-mark), in preparing their labels, hence, in case of an infringement, the infringer can escape criminal action by pleading lack of knowledge.
It does not appear to be generally known that while cases of infringement may be brought before the ordinary Courts if the plaintiff so desires, the best procedure is to bring them in the first place before the Patent Bureau Court, and after establishing the right and the fact of infringement, to bring a suit for damages either in the Criminal or Civil Courts according to the nature of the evidence elicited in the Patent Bureau inquiry. The advantage is that the ordinary Courts will be guided by the Patent Bureau decision as to the similarity or otherwise of the marks in dispute.
In order to prevent as far as may be possible the difficulties arising from the infringement of old-established trade-marks, it is understood that the Patent Bureau will be glad to receive, not necessarily for registration, particulars for their records of all trade-marks which are still in use and were in existence and use prior to the 1st July, 1899. The Bureau hope in this manner to minimize the possibility of infringement, but success in this respect requires that all who value their trade-marks should assist by supplying the necessary particulars.
The Patent Bureau publish a weekly list of registrations. As this publication is in Japanese, foreign owners of trade-marks are recommended to place their interests in the bands of some reliable agent who would search all new lists for possible infringements. There are English patent agents at Tokió who would be able to furnish any information which you desire to obtain as to trade-marks registered by Japanese in various classes, and it is suggested that you should consider the desirability of combining with other firms to appoint a common agent at Tokio to watch over your trade-marks interests in Japan.
I am, &c.
(Signed)
F. A. CAMPBELL.
[2020 u-]
-1]
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